US Company
Amazon FBA and a Foreign-Owned US LLC
Amazon FBA puts goods in buildings you do not control, in states you did not pick. That can create sales-tax nexus. It can also affect whether the IRS sees a US trade or business. Treaty countries and non-treaty countries do not share one answer. We prepare the LLC, the EIN, and the yearly filings. We will not sell you a slogan that replaces a fact review.
What we will not claim
Some advisors argue Amazon is an independent agent and FBA income is not taxable for many non-residents. Others treat warehouse presence as a serious US-trade-or-business risk. Both arguments exist in the wild. Scriplit will not publish a guaranteed outcome. We will collect your facts, file the information returns that apply either way, and tell you when a licensed tax professional should take the income-tax position.
What we will do
Form the LLC if you need one, get the EIN, prepare 5472 or 1065, look at sales-tax registration after a nexus sketch, and keep the books if you hire that. Marketplace collection of sales tax is helpful. It is not the whole file.
Who this is for
About to send the first inbound
Form the LLC and EIN before the freight, not after the first payout.
Already in FBA
You need last year and this year named, not ignored.
Private label, foreign owner
Brand, LLC, and seller of record should match.
FBA plus Shopify
Two channels, one company — or a mess. We prefer one story.
What you get
Entity that matches Seller Central
Legal name, EIN, and bank on the account.
Federal filings anyway
5472 does not care that Amazon “handled tax at checkout.”
Nexus sketch
Inventory states plus economic nexus — a list we can defend.
A stop when we are out of lane
Income-tax positions that need a CPA get that sentence in writing.
How the process works
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1
Seller facts
Home country, treaty or not (you tell us the country; we do not guess the treaty).
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2
Inventory facts
When goods entered FBA and whether any other warehouse exists.
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3
Company filings
Formation if needed, then the year’s federal packet.
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4
State list
Registrations we agree to file.
What we need from you
- Amazon reports you can export, or a honest sales range.
- LLC papers or a plan to form.
- Bank and payout account names.
- Any state notices already received.
Read this before you start
- Amazon’s independent-agent analysis is not a Scriplit warranty.
- Treaty benefits are claimed on the right forms by the right person. We will not checkbox 8833 from a meme.
- Product compliance, safety, and IP are not tax filings.
Common mistakes
Personal seller account, company inventory
Fix the account identity before the next inbound.
Ignoring 5472 because “Amazon paid the tax”
Wrong tax. Wrong agency. Wrong form.
A Delaware C-corp because a podcast said so
Most FBA foreign owners we see start with an LLC. Funding plans are the exception — ask first.
Fifty state registrations on month one
Map nexus. Do not buy a badge.
FAQ
Scriplit LLC is a Wyoming company that helps non-residents form US LLCs and prepare US information and tax filings. We are not a CPA firm or a law firm. This page is general information, not advice for your facts. Home-country tax, treaties, and your actual activity can change the result.
Related
Next steps on Scriplit
Send the seller account country and whether stock is in FBA
If inventory is already in the network, say which year it started. Cleanup and a current filing can be one project.